8.  Allows for an informed citizenry
 Provides against influence of government
 Provides a voice for the minority
 Preserves existence of truth in society
9.
10.  Speech Criticizing the Government
 “Fighting Words” and Offensive Speech
 Symbolic Speech
 Sexually Explicit Speech
 Expressive Association
11.
12.
13.  “Free speech” did not occur after WWI
 Passage of sedition acts aimed at anyone
considered “anti-government”
 Two Main Goals:
 Limit anti-war ideas
 Limit supporters of radical governmental change
23.  Convictions Upheld
 Justice John Clarke—WilsonAppointee
creates the BadTendencyTest
 Do words have a tendency to bring about evil?
 Shift from Clear and Present DangerTest
 “Does language promote and immediate and
substantive evil?”
24.
25. Benjamin Gitlow, a
Socialist leader, was
found in violation of
NewYork Criminal
Anarchy law.
Any activity designed to
“advocate, teach, aid, or
abet” in bringing down
government was illegal
26.
27.
28. Justice Harlan Fiske
Stone added
“Footnote Four”
to his opinion in
Carolene Products.
Protections for
“discrete and insular
minorities” greatly
expanded the
Court’s role on the
Equal Protection
clause of the
Fourteenth
Amendment.
29.
30.
31.  Violence
 Property Damage
 Criminal Speech
 Encroaching on Rights of Others
 Trespass
39. Protestors voiced their dissatisfaction with Ronald Reagan’s
administration at the 1984 RNC in Dallas,Texas.
40.
41.
42.  Yes. 5-4 vote, the Court ruled for Johnson.
 Speech is more than spoken/written word.
 Test is (1) intent to convey a particular
message and (2) Likelihood that the message
would be understood by those who viewed it.
 Government cannot censor expression just
because society deems it unworthy.
43.
44.
45.
46.
47. The Court establishes the “Fighting Words”
Doctrine for governing offensive speech.
48.
49.
50.
51.
52.  Yes. By 8–1, the Court ruled for Phelps.
 Restricting speech on private vs. public
interest.
 Content of Westboro’s signs relates to
broad issues of interest to society at large
 Speech cannot be restricted because it may
beupsetting or arouses contempt.
53.
54.
55.
56.  First Amendment does NOT automatically
protect against obscene speech
 Supreme Court and Informal Tests
 Miller or “SLAPS”Test
 Does work offensively depict or describe sexual acts?
 Whether the work, taken as whole, lacks serious
literary, artistic, political, or scientific” value
57.
58.
59. Siblings Mary Beth and JohnTinker wrote these
black armbands to school to support the formal
ending of the Vietnam War.
60.
61.  Yes. 7-2, the Court ruled forTinker.
 Armbands represented pure speech that is
entirely separate from the actions or conduct
of those participating in it.
 To justify suppression of speech, the school
officials had to prove that conduct would
"materially and substantially interfere" with
the school’s operation.
62.
63.
64.
65.
66.
67.
68.
69.  No. By vote of 6-3, the Court ruled for
Barnette.
 School can teach about government,
Constitution, etc. but we are dealing with a
compulsion of students to declare a belief.
 The flag salute is a form of utterance.
 Reversal of Minersville School District v. Gobitis
70.
71.
72. James Dale sued
the Boy Scouts
of America after
they revoked his
membership in
the organization
on account of his
homosexuality.
73.
74.
75.  Yes. By a vote of 5–4, the Court ruled in favor of the Boy Scouts.
 First Amendment Freedom of Association
 Forcing a group to accept certain members may impair ability of
the group to express those views
 General mission of BSA is to instill values in young people.
 BSA believes that homosexual conduct is inconsistent with the
values embodied in the Scout Oath, which is represented by
values such as staying morally straight and clean.
 Dale’s presence in BSA would force organization to send
message that it accepts homosexual conduct
